T.C. THE DECISION OF THE SUPREME COURT
3.Criminal Department
Base: 2016/186
Decision: 2016/15336
Date of Decision: 30.06.2016
OFFENCE OF WOUNDING – APPLICATION OF A SPECIFIC EXECUTION REGIME FOR THE ACCUSED WHO HAS BEEN CONVICTED – THE NEED TO DECIDE ON THE APPLICATION OF A PROBATION MEASURE AFTER THE EXECUTION OF THE SENTENCE – INCORRECT INDICATION OF THE REFERRAL CLAUSE – CORRECTION AND APPROVAL OF THE SENTENCE
ABSTRACT: While it is necessary to decide on the application of the execution regime specific to the accused and the probation measure after the execution of the sentence, it is 108/4 of the Law No. 5275 as the referral article by the court. the demonstration of its substance required distortion.
(5237 Pp. K. m. 53, 58) (5275 Pp. K. m. 108) (ANY. MAH. 08.10.2015 T. E. 2014/140 2015/85 K.)
Case and Decision: The decision given by the local court is appealed and the documents are read;
It was discussed and considered as necessary;
About the defendant, Article 53 of the TCC No. 5237. when deciding to lack of rights according to the article, article of the Turkish Penal Code No. 5237 of 53/1-c until the release date specified in the item conditional on the rights of their descendants, their descendants until the completion of the execution of the sentence in terms of non had to be decided whether to use have not been observed, although the constitutional court date and this issue 24.11.2015 29542 published in the Official Gazette numbered, and mainly 2014/140 date 08.10.2015 – Since the new legal situation created by the cancellation decision No. 85/2015 can also be taken into account at the execution stage, the reason for the violation has not been made
Refusal of other objections not considered on the spot, but;
58/7 of the TCC No. 5237 on the accused, which is repeated. in accordance with article 108/4 of the Law No. 5275, as a referral clause by the court, it is necessary to decide on the implementation of the execution regime specific to repeat offenders and the probation measure after the execution of the sentence. demonstration of the substance,
Since the appeals of the accused were considered in place as of this moment, the decision was therefore made in accordance with Section 8/1 of Law 5320. article 321 of CMUK No. 1412, which is in force with Article. according to Article 322 of CMUK No. 1412, it may be overturned in accordance with the request, but since this issue does not require a retrial. in accordance with the provision of repetition in the paragraph on the implementation of the provisions of the clause “in accordance with the Law No. 5275 108/4 takdiren execution of the sentence of probation to begin after the implementation of measures” taken out of the sentence, instead of ”58/7 of the Penal Code. according to the article, it was decided unanimously on 30.06.2016 to correct and APPROVE the provision by adding the sentence ”to the application of a probation measure after the execution of a sentence”.
